| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C030993
|
People v. Allen
Warrantless search of bicycle driven on public streets is valid where there is probable cause to believe bicycle contains contraband. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
|
G022376
|
People v. Garcia
Homosexuals are cognizable group whose exclusion from jury violates accused's constitutional rights. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
|
B128007
|
People v. McFarland
Prosecution may not offer expert opinion testimony about accused's character until accused first places his character at issue. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
|
B129578
|
Ware v. WCAB
Injured golf caddie is employee entitled to workers' compensation benefits. |
Employment Law |
|
Mar. 31, 2000 | |
|
B128311
|
Hernandez v. California Hospital Medical Center
In medical malpractice action, claimant may recover against hospital even though Medicare and Medi-Cal paid his medical expenses. |
Torts |
|
Mar. 31, 2000 | |
|
B122436
|
Taylor v. Lockheed Martin Corp.
Employee of civilian contractor operating on federal military enclave may pursue state whistleblower claim against contractor. |
Employment Law |
|
Mar. 31, 2000 | |
|
B125398
|
Brennan v. Tremco, Inc.
Demurrer without leave to amend can't be sustained where triable issues of fact remain to be decided. |
Torts |
|
Mar. 31, 2000 | |
|
S077360
|
People v. Tillman
Objection to trial court's omission of restitution fine is waived if not made at time of sentencing. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
|
D031946
|
Pardee Construction Co. v. Insurance Co. of the West
Where insurers acknowledge subcontractors had complete operations coverage for project, insurers owe contractor duty to defend absent language excluding coverage. |
Insurance |
|
Mar. 31, 2000 | |
|
B123069
|
Balasubramaniam v. County of Los Angeles
In employment discrimination lawsuit, court must give collateral estoppel effect to findings reached by county's civil service commission. |
Administrative Agencies |
|
Mar. 31, 2000 | |
|
B122687
|
People v. Gutierrez
Witness writing of license plate number of vehicle used in crime is admissible as sponteneous declaration. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
|
B121194
|
Butcher v. Truck Insurance Exchange
Where reviewing court affirms lower court decision on first issue but doesn't consider second issue, decision on second issue has no preclusive effect. |
Civil Procedure |
|
Mar. 31, 2000 | |
|
B132060
|
People v. Beuer
Absent connection between current offense and prior arrest, defendant may not seek to suppress evidence of prior offense. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
|
B123956
|
Wm. R. Clarke Corp. v. Safeco Insurance Co. of America
Where judgment debtor has equitable right to offset, postjudgment interest should be calculated before judgment debtor credits itself with the offset. |
Civil Procedure |
|
Mar. 31, 2000 | |
|
B133005
|
Ricardo A., a Minor
Dagger is substantially concealed when it looks like pen and its point is concealed behind juvenile's ear. |
Juveniles |
|
Mar. 31, 2000 | |
|
G022376
|
People v. Garcia
Homosexuals are cognizable group whose exclusion from jury violates accused's constitutional rights. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
|
A083896
|
People v. Brown
Admission of defendant's prior acts of domestic violence under Evidence Code Section 1109 neither violates due process nor lessens burden of proof. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
|
D031946
|
Pardee Construction Co. v. Insurance Co. of the West
Where insurers acknowledge subcontractors had complete operations coverage for project, insurers owe contractor duty to defend absent language excluding coverage. |
Insurance |
|
Mar. 31, 2000 | |
|
S004725
|
People v. Hayes
Due process in death penalty case isn't violated when change of venue doesn't replicate socioeconomic factors of venue where offense was committed. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
|
A087149, A088030 and A088200
|
People v. Gallardo
Postjudgment order not appealable when appeal actually seeks habeas corpus relief. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
|
B133778
|
Rashad H. , a Minor
Parental termination rights may be reversed when parent doesn't receive proper notice of hearing and parties agree to reversal. |
Juveniles |
|
Mar. 31, 2000 | |
|
B129371
|
People v. Diaz
Kidnapping charge is supported by evidence where defendant attacks victim near lighted street and drags her to dark area behind building. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
|
D030096
|
People v. Hall
Inmate's confession is not involuntary where prison guards' misconduct that motivates confession is not carried out with intent to extract confession. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
|
F033586
|
Axsana S., a Minor
In dependency cases, personal appearance by party isn't essential; attorney's appearance is sufficient. |
Juveniles |
|
Mar. 31, 2000 | |
|
F033413
|
Phillip F., a Minor
When parent is properly notified of first hearing and fails to appear, parent's second notice need only comply with due process. |
Juveniles |
|
Mar. 31, 2000 | |
|
S078119
|
Rosales v. Depuy Ace Medical Company
Using broad definition of 'power press', injuries from such machines aren't limited to workers' compensation recovery. |
Workers' Compensation |
|
Mar. 30, 2000 | |
|
97-56182
|
Kleve v. Hill
Order |
|
Mar. 30, 2000 | ||
|
98-16437
|
Santa Maria v. Pacific Bell
When employee should've known of possible disability discrimination claim, equitable tolling won't excuse untimely filing of Equal Employment Opportunity Commission charge. |
Employment Law |
|
Mar. 30, 2000 | |
|
98-17220 and 98-17297
|
United States v. Estate Preservation Services
Promoter of abusive tax shelter advice is liable even when customers do not use the misinformation to violate the law. |
Probate and Trusts |
|
Mar. 30, 2000 | |
|
98-50238 and 98-50239
|
U.S. v. Anderson
Failure to give jury instruction on involuntary manslaughter, when evidence is consistent with defense claim of accidental killing, is reversible error. |
Criminal Law and Procedure |
|
Mar. 30, 2000 |